Robert Griffiths

Practice

Robert Griffiths QC has a multi-disciplinary practice across a range of specialist areas including commercial litigation and arbitration, commercial and contract, public, planning, licensing, media and entertainment, confidentiality and privacy, local government, property (including intellectual), environmental, energy, judicial review, employment and sports law both in the UK and overseas.

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AREAS OF EXPERIENCE AND PRACTICE

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• Domestic and international litigation, arbitration, mediation and alternative dispute resolution

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• The acquisition, compulsory purchase, disposal and development of land and property (retail, leisure, commercial, residential)

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• Public bodies and judicial review

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• On and offshore oil and gas transactions and the obtaining of licences and planning permission for the exploration and production of shale gas and hydraulic fracturing (fracking)

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• Private equity and investment funds

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• Joint ventures, partnerships and companies

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• Accounting, tax and banking

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• Media, entertainment and sport (including broadcasting contracts)

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• Betting and gaming

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• Major infrastructure projects (airport expansion and motorways)

• Law of International Trade and Investment

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• Private International Law

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EXPERTISE AND EXPERIENCE IN FOREIGN JURISDICTIONS

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India, China, Africa, South Africa, Australia, USA, Singapore, Hong Kong, Arab Emirates, Malaysia, Gibraltar, Malta, Italy, Cayman Islands, Brunei, Scotland, Jersey and Guernsey

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COMMERCIAL

In March 2013 he represented Moni Varma in a commercial dispute in the Commercial Court with Lakshmi Mittal. ‘The Lawyer Magazine’ (January 7 2013) had identified it as “one of the top 20 cases of the forthcoming year” and had described it as a “tycoon showdown”. This multimillion dollar dispute was settled at the door of the court.

Later in 2013 he advised and successfully represented an international hotel group in a dispute relating to the development of a major new hotel in London.

He is currently acting for a number of commercial clients in London in cases involving the change of use from office to residential use. He has been retained by a business consortium in relation to a large mixed use development scheme (including a science park) in Cambridge. He is also advising a number of clients on contractual and regulatory matters arising from waste to energy and solar energy proposals in this country and overseas.

CASES

• Varma v Mittal (2013) (Commercial Court, dispute over oil blocks and commission in Nigeria)

• Re Dianoor International (2009) (due diligence of a pawnbroker, money laundering)

• Abbey Mine Ltd v The Coal Authority [2007] EWHC 118 (judicial review / natural justice / competition law)

• Association of British Travel Agents Ltd (ABTA) v Civil Aviation Authority (CAA) [2006] EWCA 13 (judicial review / definition of package holiday)

• Marsal v Apong [1998] (Privy Council)1 WLR 674 (Leading Counsel for the Sultan of Brunei / the Brunei constitution and limitations of actions)

• Marsal v Apong (1997) (Court of Appeal West Malaysia)Marsal v Apong (1996) (High Court of Brunei)

• Marsal v Apong (1996) (High Court of Brunei)

•Sabah Berjaya SDN BHD v Director General of Inland Revenue (Kuala Lumpur 1997, taxation of charitable fund)

• Yorkshire Water Services Ltd v Sun Alliance and London Insurance Plc, [1997] 2 Lloyd’s Rep. 21 (insurance contracts / repairs / water pollution)

• Yorkshire Water Services Ltd v Sun Alliance & London Insurance Plc (No.2) [1998] Env. L.R. 204 (insurance contracts / negligence / nuisance / repairs / water pollution)

• F. G. Whitely Ltd v Bickerton [1993] EG 100 (surveyor’s negligence / limitation of actions)

• Regina v National Dock Labour Board, Ex parte Emerson and Another Regina v Grimsby and Immingham Dock Labour Board, Ex parte Tom S leight Seiners Ltd and Another National Dock Labour Board v Vendelbo Fishing Company Ltd and Others (1989) Times, 24 March (Dock labour board policy)

• National Dock Labour Board v Pinn and Wheeler Ltd [1989] BCLC 647 (piercing the corporate veil)

• Caledonian Mining Co v Bassett [1987] ICR 425 (repudiation)

• National Dock Labour Board v Buschini (Standing Counsel for Dock Labour Board / meaning of dock work)

Marley Tile Co v Burrows [1978] QB 241 (bankruptcy)

PLANNING & ENVIRONMENTAL

He is an expert in the oil and gas regulatory regime. He is retained by a number of public authorities and private clients to advise on onshore oil and gas exploration including “Fracking”.

He successfully promoted for the Countryside Agency and Natural England the New Forest and South Downs National Parks at major public inquires.

CASES

• Re Derby Hospitals NHS Foundation and mixed use development of Derby City Centre (Public Inquiry 2011)

• Wolverhampton CC v Peel, Sainsbury&rsquos and Tesco (major retail development) 2011

• Cala Homes v HSE (effect of nuclear installations at Aldermaston on proposed residential development). Public Inquiry 2010-2011

• Wolverhampton City Council (2010) (major regeneration schemes in Wolverhampton)

• Metro Construction Ltd. v London Borough of Barnet [2009] EWHC 2956 (Admin)(quashing a Conservation Area designation)

• Lords Cricket Ground (2009) (ongoing major re-development of the iconic venue and adjacent residential site)

• Resumed South Downs National Park Inquiry (2008 – 09) (Represented Natural England in a 6 month public inquiry into the South Downs National Park).

• Stansted Airport Inquiry (2008 – 09)- Retained by the Civil Aviation Authority to represent them at the public inquiry into the second runway at Stansted Airport

• Surrey County Cricket Club and Aurora Hotels (2008-09) (new development in proximity to gasometers at the Oval Cricket Ground)

• Bolnore Village Public Inquiry (Crest Nicholson) (2006-7) (longest running planning inquiry for major residential development and Hayward&rsquos Heath relief road)

• Taylor Wimpey UK Ltd v Surry Heath BC & Natural England Public Inquiry (2006-7) No1(impact of residential development on Thames Basins Heath SPA)

• Taylor Wimpey UK Ltd v Natural England (2006-7) No2 (Leading Counsel for Taylor Wimpey / impact of residential development on Thames Basin Heath SPA)

• South Downs National Park Public Inquiry (2004 and 2007) (Leading Counsel for Countryside Agency / promoter 2004 (and Natural England 2007-08)

• Lewes District Council v Secretary of State (2006) (Brighton Football Club / planning)

• New Forest National Park Public Inquiry (2004) (Leading Counsel for the Countryside Agency / promoter)

• Hammersmatch Properties Ltd v First Secretary of State [2005] EWCA 187 (appeal re major mixed retail / residential use site)

• Dibden Bay Public Inquiry (2004) (Leading Counsel for Environment and Countryside Agency)

• Graham v Secretary of State for Transport, Local Government and the Regions [2002] EWHC 1150 (planning / highways)

• Castleford Homes Ltd v Secretary of State for Environment [2001] PCLR 470 (planning)

• Tesco Stores Ltd v Norfolk DC [1999] 78 P & CR 359 (planning permission)

• Wimpey Homes Holdings Ltd v Secretary of State for the Environment and another [1993] JPL 919 (section 106 agreements)

• Chichester District Council v Secretary of State for the Environment and another [1992] 3 PLR 49 (planning conditions)

EMPLOYMENT

CASES

• Darrell Hair v International Cricket Council (2007) (race discrimination and sport)

• Delaney v Staples [1992] 1 AC 687 (House of Lords) (payment in lieu of notice / wages)

• Expro Services v Smith [1991] ICR 577 (transfer of undertakings)

• Regina v Secretary of State for the Home Department, Ex parte Attard (1990) Times, 14 March (Court of Appeal) (unlawful suspension without pay)

• Regina v Police Complaints Authority, Ex parte Thompson (1989) Times, 24 October(disciplinary proceedings)

• Payne v Secretary of State for Employment [1989] IRLR 352 (Court of Appeal)(associated employers / redundancy payment)

• Eaton v Robert Eaton [1988] ICR 302 (director / employee)

• Secretary of State for Employment v Crane [1988] IRLR 238 (redundancy payments)

• Cox v E L G Metals Ltd [1985] ICR 310 (oversees employees)

• Naylor v Orton & Smith Ltd [1983] ICR 665 (industrial action)

• Moody v Telefusion Ltd [1978] IRLR 311 (unfair dismissal)

• Tanner v Keen [1978] IRLR 110 (unfair dismissal)

• Egg Stores (Stamford Hill) v Leibovici [1977] ICR 260 (frustration)

Thompson v Eaton Ltd [1976] UK EAT 24 76 1404 (unfair dismissal / industrial action)

Discrimination

• Dhatt and Another v McDonalds Hamburgers Ltd [1988] ICR 591 (race discrimination)

• Horsey v Dyfed CC [1982] ICR 755 (sex discrimination)

• Skyrail Oceanic Ltd v Coleman [1981] ICR 864 (sex discrimination)

JUDICIAL REVIEW

In 2012 he successfully represented Wolverhampton City Council in the Supreme Court in a judicial review case on the general meaning of ‘material considerations’ in public law and the relevance of financial considerations to decision making. It was selected as one of the top ten public law cases of the year. In the same year he also successfully represented Lancashire County Cricket Club in the Court of Appeal in another leading judicial review case which dealt with the nature of cross-subsidies and enabling development.

CASES

• The Health and Safety Executive V Wolverhampton City Council (2012) UKSC 34, (2012) 1 WLR 2264 (Planning and financial considerations, Supreme Court)

• Derwent Holdings v Trafford BC, Tesco Superstores Ltd and Lancashire CCC [2011] EWCA Civ 832 (Challenge to grant of planning permission to Lancashire CCC and Tesco superstore represented Lancashire) 2011 Court of Appeal

• Maddox Club (judicial review and licensing) 2011

• HSE v Wolverhampton City Council (planning and financial considerations, Court of Appeal 2011)

• HSE v Wolverhampton City Council (2009) EWCA Civ 892 (hazardous installations and the control of development)

• Club 54 2009 (licensing and planning issues relating to a nightclub)

Castleford Homes Ltd v Secretary of State of Environment, Transport and Regions and Royal Borough of Windsor and Maidenhead (2001) EWHC Admin 77 (Natural Justice)

• West Midlands Probation Committee v Secretary of State for the Environment [1998] JPL 388 (planning considerations)

• Regina v Department of Trade and Industry, Ex parte Healaugh Farms [1996] P & CR 1(judicial review / wayleaves)

• R v Sheffield CC [1994] 68 P & CR 331 (locus standi / established use / judicial review)

• Chief Adjudication Officer and Another v Ahmed and Others (1994) Times, 6 April(Court of Appeal) (temporary absences abroad)

• Barnet BC v Secretary of State for the Environment, Cox and ors [1993] IPL 767(planning policy / Green Belt)

• Ynys Mon Borough Council v Secretary of State for Wales and others [1992] 3 PLR 1(time limits)

• Sharkey and another v Secretary of State for the Environment and another [1992] 2 PLR 11 (Court of Appeal) (remedies / compulsory purchase)

• Strangeways Inquiry (1991) (prison disturbances / (Junior Counsel for Home office))

• Department of Education and Science v Taylor [1991] IRLR 308 (res judicata / abuse of process)

• Fox v Secretary of State for the Environment [1991] 62 P & CR 459 (compulsory purchase)

• Cherwell DC v Hodges [1991] RVR 169 (community charge)

• Re Rose Theatre Ltd [1990] QB 504 (ancient monuments / judicial review)

• McClaren v Home Office [1990] ICR 824 (Court of Appeal) (civil service contracts / judicial review)

• Sadiq v Chief Adjudication Officer (1988) Times, 28 March (liability for repayment of overpaid child benefit)

• Regina v Chief Constable of Thames Valley Police, Ex parte Stevenson (1987) Times, 22 April (natural justice)

• Abse v Smith [1986] QB 536 (amicus curiae / rights of audience)

DISCRIMINATION